Asian Journal- The Filipino-American Community Newspaper

Question: What proof is needed to show the self-petitioner suffered battery or extreme cruelty?

Answer: A self petitioning spouse must show that the abuse occurred during the marriage. If the self petitioner did not suffer physical abuse but rather extreme cruelty, it is important to show how the self petitioner felt about how the abuser treated her including the objective details of the abuser’s action and behavior. The self petitioner should submit any of the following:

• The petitioner’s declaration detailing the abuse suffered during the marriage.
• Police reports, police records, criminal court records and complaints.
• Copies of temporary and final protective order from the court.
• Medical records documenting the abuse.
• Photographs of injuries or property damage supported by corroborating affidavit.
• Photographs of torn clothing, broken furniture or other property.
• Shelter records and other evidence that the victim sought shelter or protection.
• Copy of counseling reports.
• Affidavits, declarations or letters from witnesses such as friends, shelter workers, police officers, relatives, or neighbors which supports the self petitioner’s statements.
• Letter from clergy to whom the abused was reported.
• Other evidence relating to abuse.

Answer: The declaration should state when the abuse started, a description of each incident of physical injury, verbal threats, attempts to seek help, difficulty of leaving and feelings about the abuse.

Note: This is not a legal advice.

The Ninth Circuit Court decided that the death of US citizen parent will not be a hindrance to seek waiver of misrepresentation. Aliens who entered as single but actually married who have US citizen parents but already deceased will benefit from this rule.

On July 7, 2010, we received an approval of a late amnesty application under the extended filing deadline.

Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now because many states are following Arizona.